Senate considers gender identity bill

Measure would expand state's laws against types of discrimination

Cora Holt spoke publicly three years ago in favor of a proposed Manhattan city ordinance offering nondiscrimination protections for sexual orientation and gender identity in employment and housing.

Holt, a lesbian, said she suspected her advocacy would get her fired from a teaching job at Manhattan Christian College.

"The next morning," Holt said Thursday at the Statehouse, "I received a phone call from the college's academic dean telling me I was on academic leave, effective immediately, and that I was not to step foot on campus."

Holt, who never worked again at the small religious school, said her experience helps explain why the Senate Federal and State Affairs Committee should endorse a bill adding gender identity and sexual orientation as protected categories in state discrimination law.

The Kansas Act Against Discrimination bans discrimination involving public accommodations, housing and employment based on race, religion, ancestry, sex, color, disability and national origin.

Opponents of Senate Bill 169 testified that expanding protection for gays and lesbians in the act could tarnish the institution of marriage, open a floodgate of expensive litigation and encourage bestiality.

Judy Smith, state director of Concerned Women for America, told the committee homosexuality was a "changeable behavior" that shouldn't be extended constitutional protection. She said the bill undermined marriage and demeaned "culture in general."

Rep. Janice Pauls, a Hutchinson Democrat and a lawyer, said adding sexual orientation and gender identity would dilute the effectiveness of the state's discrimination laws.

"My concern is this is so broad," Pauls said. "It really makes our law unworkable."

Thomas Witt, a lobbyist for the Kansas Equality Coalition, said states that passed the provision reported about 3 percent of discrimination complaints each year dealt with sexual orientation or sexual identity. If that number held in Kansas, he said, two dozen complaints would be submitted to the Kansas Human Rights Commission.

Sen. Dennis Pyle, a Hiawatha Republican and member of the committee, questioned whether the change might encourage homosexuals to have sex with animals.

Topeka lawyer Pedro Irigonegaray, who supports the bill, said proposed changes to the discrimination law wouldn't prompt lesbian or gay Kansans to engage in criminal conduct. He said Pyle's inquiry was "very hurtful."

Irigonegaray said the bill would mitigate the suffering of gay and lesbian people subjected to discrimination.

"I cannot remain indifferent in the presence of inequality," he said. "If we do not oppose bigotry, we are endorsing it by our silence."

Sen. Pete Brungardt, R-Salina, said he wasn't certain how the committee would proceed. No action was taken Thursday.

In 2007, Gov. Kathleen Sebelius signed an executive order that applied protections to state employees in regards to sexual orientation, but that edict didn't extend to the general public.

"We won't be safe unless we speak out, but by speaking out many of us may lose what little safety we have," Holt said. "This situation is untenable."

Kevin Ingram, president of Manhattan Christian College, said he wouldn't comment on Holt's testimony because it was a personnel matter.

Tim Carpenter can be reached at (785) 296-3005 or timothy.carpenter @cjonline.com.